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EASTMAN v. UNION PACIFIC R.CO.

No. 05-8106.

493 F.3d 1151 (2007)

James M. EASTMAN, Plaintiff, and R. Michele Russell, as Trustee of the Bankruptcy Estate of Wayne D. Gardner, Plaintiff/Intervenor, and Wayne D. Gardner, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD COMPANY, a Delaware corporation; Renzenberger, Inc., a Kansas corporation; Milton W. Marshall; Ellie T. Taylor; Radel Frye; Wanda Frye; Macy's Truck Repair, Inc., a Wyoming corporation, Defendants-Appellees, and Oleg Pekun; MJ Transportation, Inc., an Illinois corporation, Defendants.

United States Court of Appeals, Tenth Circuit.

July 6, 2007.

Attorney(s) appearing for the Case

Donald J. Sullivan, Sullivan Law Offices, P.C., Cheyenne, WY, for Plaintiff-Appellant.

Kevin Scott Taylor, Snell & Wilmer L.L.P. (Holly R. Shilliday, Snell & Wilmer L.L.P., Denver, CO, George Powers and Isaac Sutphin, Sundalh, Powers, Kapp & Martin, Cheyenne, WY, Richard A. Mincer and Robert C. Jarosh, Hirst & Applegate, Cheyenne, WY, and Marvin L. Tyler and William B. Payne, Bussart, West & Tyler, P.C., Rock Springs, WY, with him on the brief) Denver, CO, for Defendants-Appellees.

Before HENRY and BALDOCK, Circuit Judges, and MARTEN, District Judge.

BALDOCK, Circuit Judge.

In this appeal we must decide whether the district court properly exercised its discretion in holding Plaintiff Wayne Gardner is judicially estopped from pursuing his personal injury claims against Defendants because he failed to disclose his pending claims to the bankruptcy court in the context of his chapter 7 bankruptcy. Our jurisdiction arises under 28 U.S.C. § 1291. We conclude the district court properly exercised its discretion...

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